Chai v Minister for Immigration and Border Protection [2018] FCA 1298

Chai v Minister for Immigration and Border Protection [2018] FCA 1298

Although the applicant's explanation for filing out of time was accepted, the proposed appeal had no reasonable prospects of success. The adjournment grounds were unsupported because the applicant had not sought an adjournment, the dob-in materials ground did not arise from the Federal Circuit Court decision and the Tribunal gave those materials no weight, and the remaining grounds sought impermissible merits review rather than identifying jurisdictional error.

Jurisdiction
Australia
Judgment Date
28 August 2018
Procedural Posture
Migration Application for Extension of Time in Which to Appeal / Application for Extension of Time to Appeal From a Decision of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review
Outcome
Application for extension of time dismissed; extension of time refused.
Legal Topics
['extension of Time to Appeal' 'reasonable Prospects of Success' 'judicial Review of Administrative Appeals Tribunal Decision' 'jurisdictional Error' 'merits Review']
['migration' 'administrative Law'] ['extension of Time to Appeal' 'reasonable Prospects of Success' 'judicial Review of Administrative Appeals Tribunal Decision' 'jurisdictional Error' 'merits Review']

Case Brief

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Procedural Posture

Migration Application for Extension of Time in Which to Appeal / Application for Extension of Time to Appeal From a Decision of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time in which to appeal the Federal Circuit Court decision.' 'Whether the proposed appeal had reasonable prospects of success.' 'Whether the Federal Circuit Court denied procedural fairness concerning an adjournment or late court book.' 'Whether complaints about dob-in materials or the merits of the visa refusal disclosed appealable error.']

Ratio Decidendi

Although the applicant's explanation for filing out of time was accepted, the proposed appeal had no reasonable prospects of success. The adjournment grounds were unsupported because the applicant had not sought an adjournment, the dob-in materials ground did not arise from the Federal Circuit Court decision and the Tribunal gave those materials no weight, and the remaining grounds sought impermissible merits review rather than identifying jurisdictional error.

Court Disposition

Application for extension of time dismissed; extension of time refused.

Orders

  • ['The application for an extension of time filed on 5 March 2018 be dismissed.' "The applicant pay the first respondent's costs of the application fixed in the sum of $2500."]